At present, it is not certain that you will be able to work as a British border worker without a work permit in the Netherlands from 2021. It depends on the agreements between the UK and the EU. If no agreement is reached, you must ask your Dutch employer to apply for a work permit for you. The UK`s withdrawal agreement provides for border workers who advance before the end of the Brexit transition period (31 December 2020) between the EU and the UK. Border workers live in one country and work in at least one other country. EU citizens who are border workers exercise the right to free movement under EU treaties and do not need specific immigration legislation (although specific provisions are provided for them and their family members as part of the coordination of the Social Security Regulation (883/2004). The end of the transitional period for Brexit on 31 December 2020 ends free movement between the UK and EU member states. For reviewing the provisions of the withdrawal agreement for border workers, see my border workers posts in the UK and the EU after Brexit: Rights under the Withdrawal Agreement. How has the United Kingdom implemented these rights and what are the implementation problems on the national territory? Is the provision adopted by the United Kingdom compatible with the withdrawal agreement and EU law? The Secretary of State may refuse to grant a border work permit if it is justified on public policy, public safety or public health grounds (as defined by EU law); for favourable reasons (under UK law) for behaviour after the end of the Brexit transition period (31 December 2020); or for abuse of rights (Regulation 9). It must refuse to issue a border work permit to a person subject to a restriction decision (decision to exclude or remove them).
Workers have the right to enter and enter the Working State and retain the rights they enjoy as workers, provided they are in the circumstances of the EU Citizens Directive, even if they do not relocate their homes to the working state. Under the agreement, « border workers » are EU citizens or UK nationals who are economically active in one or more states in which they do not reside (Article 9 of the Withdrawal Agreement) (Article 9, Withdrawal Agreement). In particular, border workers have the right to: they retain the rights they enjoy as workers, as long as they are in circumstances where worker status under directive 2004/38/EC on free movement (2004/38/EC, Article 7, paragraph 3, paragraph b) and (temporary illness, unemployment, vocational training, etc.) (temporary illness, unemployment, vocational training, etc.), even if they do not move their homes to work.
